Los Angeles daily herald., 1887-03-30

SACRAMENTO, M2tcn ID lnHi'
WHEREAS, the Legislature of the State of
California, at its twenty-sevenths session. be-
ginning on the third day of January, A. D.
eighteen hundred and eighty-seven, two
thirds of all the members elec.ed to each OF
the two Houses of said Legislature voting in
favor thereof. proposed the following de-
scribed amendments to the Constitution OF
the State of California, to wit:
AMENDMENT NUMBER ONE.
To propose to the people of the State an
amendment to the Constitution of the
State, relative to tho Judiciary Depart
ment.
Resolved, That the Legislature of the State
of California, az its regular session, COM
meuciny on the third day of January, A. ID.
eighteen hundred and eighty'seven, two.
thirds of all the members elected to each OF
the Houses of said Legislature vOiing in ia
vor thereof, hereby propose that sections
two and three of article VI, of the Constitu.
tion of said Sta.e be amended to read as
follows:
Section 2. The Supreme Court shall con-
sist of seven Justices. The Associate Jus
tices of the Supreme Court, in office at the
time OF the adoption of this amendment to
the Constitution are hereby continued in
office as Justices OF the Supreme Court for
the remainder of the terms to which they
were respectively elected. The Justices
shall elect one of their number to be Chief
Justice, and he shall hold the office of Chief
Justice of said court for O term of two
years At the expiration of the term of the
Chief Justice first elected, and every two
years thereafter the Justices shall elect a
Chief Justsce for like term of two years.
An entry of the election of such Chief Jus
tice shall be made in the minutes of the
court and signed by four justices. When
ever thereafter vacancy occurs in the Of
fee of Chief Justice. a like election shall
term. The Supreme Court may sit in de-
partments or in bank, and shall always be
open for the transaction of business There
snail be two departments, den0minated, re
spectively, Department One and department
Two. The Chief Justice shall assign three
of the justices to each department, and
such assignment may be chsnged by him
from time to time. The Justices shall be
competent to sit in either department, and
may Interchange with each other by agree.
ment among themselves or as ordered by
the Chief Justice. Each of the departments
shall have the power to hear and determine
causes and all questions arising therein,
subject to the provisions hereinafter con-
tanned in relation to the Court in bank The
presence OF three Justices shall be necessary
to transact any business in either of the de.
partments, except such as may be done at
chambers and the concurrence of two JUS
tices shall be necessary to pronounce a
Judgment The Chief Justice shall apportion
the business to the departments and may,
In his discretion. order any cause pending
before the Court to be heard ana decided by
the Court in bank. The order may be made
before or after judgment pronounced by a
department; but where cause has been al
lotted to one of the departments, and judg-
ment pronounced thereon, the order must
be made within thirty days after such judg-
ment and concurred in by twoJustices, and if
so made it shall have the effect to vacate and
set aside the judgment. Any four Justices
department, order case to be heard in
bank. If the order be not made within the
time above limited, the Judgment shall be
final. No judgment bya department shall
become final until the expiration of the
period OF thirty days aforesaid, unless ap-
proved by the Chief Justice. ii writing,
with the concurrence of two Justices. The
Chief Justice may convene the Court in
bank at any time, and shall be the presiding
Justice of the Court when so convened. The
concurrence OF tour Justices present at the
argument shall be necessary to pronounce a
judgment in bank; but If four Justices, so
present, do not concur iu a judgment, then
all the Justices qualified to sit in the cause
shall hear the argument but TO render g
judgment concurrence of four Judges
shall be necessary. In the determination
of causes all decisions of the Court in
bank, or in departments, shall be given
U
shall be stated. The Chief Justice may sit
in either department, and shall preside
when so sitting, but the Justices assigned
to each department shall select one of their
number as presiding Justice. In case of
the absence of the Chief Justice from the
piece at which the court is held, or his ina.
bility to act, the Associate Justices shall Sc
lect one OF the own number to perform
the duties and exercise the powers of the
Chief Justice during such absence or ina
I. ank Tho Ctvnr m M 10
sion, created by the act OF the Legislature,
approved March twelfth, eighteen hundred
and eighty-fve, shall continue and be Su-
preme Court Commission for four years af-
ter the adoption of this amendment. Said
may be continued for such
time thereafter as may be fixed by an act
passed by a vote of two-thirds of the elected
members of each House of the Legislature,
and approved by the Governor. The mem
bers thereof and Secretary shall be ap-
commissioners shall be subject to removal
In like manner as the Judges of the Su-
preme Court. Said commission shall have
the same. power to hear and determine
causes possessed by department. OF the
supreme Court. and causes may be assigned
ire assigned to department, and after de-
,ision they may be ordered heard In bank
n the same way, and with like restrictions
Is il decided in department. The judg-
nents Of the commission shall be entered
Is the judgments of the court. The CON-
mission shall sit at such times and places as
nay be designated by the conrt, but such
shall not exercise any
judicial functions except when assem-
lied as a commission. and then they
hall only have power to hear aud deter
nine suchcausesa as may have been assigned
o them.
Section 8. The Justices OF the Supreme
,ourt shall be elected by the qualified
tate ELECTIONS and the times and places at |
which State officers are elected; and the |
erm Of ONCE shall be twelve years from